SANJAY PRAKASH GUPTA AND 3 OTHERS v. STATE OF U.P.AND ANOTHER
A482/24003/2021 · 2025-09-02
Dinesh Pathak
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43715 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43715 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 24003 of 2021 Court No. - 73 HON'BLE DINESH PATHAK, J.
1. The case is taken out of turn on the mention slip moved on behalf of respondent no. 2. 2. Learned counsel for the respondent no. 2 states that notice has been served upon the counsel of applicants on his mobile WhatsApp No. 9453463628. A photocopy of same provided by learned counsel for the respondent no. 2 is taken on record. 3. On perusal of record, it reveals that in compliance of order dated 16.07.2024 passed by co-ordinate Bench of this Court, learned Additional Chief Judicial Magistrate-5th, Allahabad/Prayagraj has submitted a report that compromise could not be reached between the parties. 4. Heard counsel for the applicant and learned AGA for the State- respondent. 5. The application under Section 482 Cr.P.C. is filed with the prayer to quash the charge sheet no. 1 dated 05.11.2020 in Case Crime No. 167 of 2020, under sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Kydganj, District Allahabad and further proceeding of Criminal Case No. 1332 of 2021 (State of U.P. Vs. Sanjay Prakash Gupta and others) in Case Crime No. 167 of 2020, under sections 498A, 323, 506 IPC and 3/4 D.P. Act, Police Station Kydganj, District Versus Counsel for Applicant(s) : Noor Muhammad, Rajesh Kumar Singh, Vinay Kumar Singh Counsel for Opposite Party(s): Ankur Jee Srivastav, Chitranshu Srivastav, Praveen Kumar Dwivedi, Sushil Kumar Mishra Sanjay Prakash Gupta And 3 Others .....Applicant(s) State Of U.P.And Another .....Opposite Party(s)
Allahabad pending in the court of Additional Chief Judicial Magistrate- 5th, Allahabad. 6. After due deliberation at length, learned counsel for the applicants submits that applicant nos. 2, 3 and 4 are already enlarged on bail. Now, he does not want to press the instant application on behalf of applicants. He has urged for interim protection to the applicant no.1, so that he may appear before the court below and participate in the court proceedings. It is submitted that present applicant no. 1 is ready and willing to appear before the court below to cooperate in the trial. He has never intended to ignore the court proceedings. As such, some protection may be granted to applicant no. 1. 7.
Learned A.G.A. has no objection in case protection is granted to the present applicant to enable him to appear before the court below to participate in the court proceedings. 8. In this conspectus, as above, no useful purpose would be served to keep this matter pending, therefore, this Court deems it appropriate to finally dispose of the present application, without making any observation on the merits of the case as mentioned in the present application, with a direction that in case present applicant no. 1 appears/surrenders and move bail application before the court below within a period of three weeks from today, same shall be considered and decided in accordance with law expeditiously, preferably within a period of three weeks thereafter. 9. For a period of six weeks or till the decision on the bail application, whichever is earlier, no coercive action shall be taken against the applicant no. 1 in aforesaid criminal case. 10. As per observation made above, instant application is disposed off. September 3, 2025 Vinod. A482 No. 24003 of 2021 2 (Dinesh Pathak, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad